[Bob Kuczewski]

According to sources, a law suit has been filed in the Superior Court of California (County of Alameda) against USHPA and other defendants.

The first sentence of the first cause of action starts off with:

By reason of its size, non-profit status, national and international recognition, insured flying sites and restrictive policies, Defendant USHPA exercises monopoly power over the sport and the business of hang gliding.

It's hard to argue with that.

The suit goes on to describe how the USHPA Board of Directors suspended (or attempted to suspend) the flying rights and/or memberships of the plaintiffs. The damages total into the hundreds of thousands of dollars, and it could end up bankrupting USHPA or dramatically increasing our annual dues.

I am not a fan of law suits, but the disregard USHPA has shown toward its members was bound to trigger an action like this sooner or later.

For example, when I was a USHPA Director, the Board took a similar action against a pilot who was not present to defend himself. As a Director myself, I objected that we were being asked to vote on a suspension without hearing a defense. My objections were not sustained, and the Board voted against the pilot. I was one of the few Directors (possibly the only Director?) who abstained since I didn't feel due process had been provided to the pilot. That didn't make me very popular with the "lynch mob" who seemed predisposed to take action in the case. It was almost as if the "in crowd" of Directors had already agreed on what to do and the vote was just a formality.

The USHPA President (Rich Hass) has shown similar disregard for due process regarding club representation and suspensions at Torrey. It was only a matter of time until this systemic disregard for pilots resulted in a law suit.

It will be interesting to follow this case...

[wingspan33]

Bob,

In looking around on the General Topics page I found the above post. Would it be possible for you to give enough detail for me to look up this case? If you like, you could PM the info to me.

In regard to this case, it's quite clear that the USHPA is a dysfunctional organization. That creates a sad state of affairs. Personally, I too have been seriously and negatively effected by this dysfunction. As a one time member of the USHPA, I found myself unable to feel safe flying with one time pilot friends. As a result, I have quit flying.

The USHPA's dysfunction allowed this situation to reach the point where this Master rated hang glider pilot (I began flying in 1975) to leave the sport in disgust. I've been told personally by the USHPA's top leadership that because the USHPA structure includes unpaid, "volunteer" Corporate Directors, those Directors can't be held liable for their actions or lack thereof. That's utter BS. I think more lawsuits need to be filed. The USHPA needs to "fix" itself or shrivel into (litigation caused) bankruptcy.

[Rick Masters]

I searched THE SUPERIOR COURT OF CALIFORNIA -- COUNTY OF ALAMEDA but found nothing, today.

Here's another PG injury lawsuit headed for California.
http://law.justia.com/cases/wyoming/sup ... -0232.html

Hang glider pilots may be comforted to know that, regardless of the aircraft or parachute involved, the majority of fees and fines will be borne by the very soaring parachutists who destroyed the USHGA.

Others:
http://law.justia.com/lawsearch?query=hang%20gliding
http://law.justia.com/lawsearch?query=paragliding

[wingspan33]

Thanks Rick,

I found that (Wyoming) case myself.

Ends up that THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA's web site require that you give them $1 to search for Civil Lawsuit Case documents. I'd have coughed up the buck, but sadly, this month, I am seriously low on $$$ and even one $ has to remain in my bank.

Here's the Alameda Court's Search web page if you can spare the change. < https://publicrecords.alameda.courts.ca.gov/PRS/Case/SearchByName > Notice the "Credits Available" note on the right side and "Create a new account" link below that.

BTW - A pilot has to let their USHPA membership lapse before a law suit can be filed. This is true since signing the USHPA's membership waiver disallows members from suing the national association. The USHPA's lawyers are using (have used) that against the plaintiff in the Wyoming lawsuit.

[Bob Kuczewski]

I'm not sure how much I can comment right now, but I've seen USHPA resources used against pilots too many times.

USHPA is supposed to be an association representing pilots, but it's become an association representing a few special interests and funded by the pilots own money. In effect, USHPA makes us pay to maintain the resources that are used against us.

It's clear that USHPA's monopoly is at the root of their ability to demand payment from members to use against members. If there were a viable alternative, they wouldn't have that clout. That's the only solution I can see, and everyone who joins the US Hawks is helping to give us that viable alternative. Thanks!!!